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(영문) 대법원 2018.04.12 2018도1777
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The appeal is dismissed.

Reasons

The grounds for appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, the lower court’s determination that the Defendant was guilty on the grounds stated in its reasoning is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of free evaluation of evidence by exceeding the bounds of logical and empirical rules, or by misapprehending the legal doctrine regarding the crime of defamation (Defamation) in violation of the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc. (Defamation), the purpose of slandering, and the grounds for rejecting illegality under Article 310

In addition, the argument that the fine should be reduced as there are insufficient proof as to whether the writing written by the defendant on the Internet bulletin is false or not, and there are circumstances that can be taken into account in the process of posting the article is ultimately an unfair argument for sentencing.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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